JOINT CONFERENCE BOARD. The parties to the Agreement hereby establish a Joint Conference Board of four (4) members. Two (2) members shall be appointed by the UNION, and two (2) members by the CAMPUS or LABORATORY. Neither the UNIVERSITY nor the UNION shall appoint members to the Joint Conference Board who have been actively involved as a counselor, representative or observer in the grievance to be considered by the Board. The Joint Conference Board shall agree upon and determine the time and place of meetings, the rules of procedure, and all other details necessary to promote and carry on business for which it is appointed. The Board shall elect a chair and a secretary from its membership. At each location, the chairship will rotate between a representative from the UNIVERSITY and a representative from the UNION. The chair and secretary will not both be representatives from the same party. When a grievance cannot be resolved through the Grievance Procedure described above, the UNION may refer the same to the Joint Conference Board for determination. Such referral shall be in writing on the agreed-upon form and shall be addressed and sent to the designated official at the CAMPUS or LABORATORY as appropriate. The referral shall state the UNION's understanding of the issue. Not later than five (5) calendar days after receipt of service, the UNIVERSITY may, but need not, inform the UNION in writing of its own understanding of the dispute or disagreement. Upon referral of the matter, the UNIVERSITY shall schedule a meeting of the Joint Conference Board. The Board shall take jurisdiction and proceed to a determination of the dispute or disagreement. If the Joint Conference Board, after meeting, cannot or does not unanimously agree on a decision on any such matter within fifteen (15) calendar days after the hearing is closed, it shall lose jurisdiction thereof. The UNION, within fifteen (15) calendar days, may then refer the matter to binding arbitration.
Appears in 3 contracts
Samples: Union Contract, Labor Contract, Union Contract
JOINT CONFERENCE BOARD. The A. Except as provided for in Article X, it is hereby agreed between the parties to this Agreement that this Agreement provides for the Agreement orderly and amicable adjustment and settlement of all disputes, differences and grievances. In order to carry into effect the terms of this Agreement, the parties hereto, hereby establish a Joint Conference Board of four (4) members. Two (2) members shall be appointed by the UNION, and two (2) members by the CAMPUS or LABORATORY. Neither the UNIVERSITY nor the UNION shall appoint members to adopt the Joint Conference Board who have been actively involved for the purpose of arbitrating and settling disputes, differences and grievances as a counselor, representative or observer in the grievance referred to be considered it by the Boardterms of this Agreement. The Joint Conference Board shall agree upon and determine the time and place of meetings, the rules of procedure, and all other details necessary to promote and carry on business for which it is appointed. not hear disputes involving a non-signatory contractor.
B. The Board shall be composed of seven (7) members to be appointed or elected by the Local Union signatory hereto and seven (7) alternate members to be appointed or elected by the Local Union and seven (7) members appointed or elected by the California Plastering Conference of the Western Wall & Ceiling Contractors Association, Inc. And seven (7) Alternates appointed by the California Plastering Conference of the Western Wall & Ceiling Contractors Association, Inc. The alternate members appointed by the Union shall act only in the absence of a Union member, and the alternate members elected by the Contractors shall act only in the absence of a Contractor member. The persons thus appointed shall, from among themselves, elect a chair Chairman and a secretary from its membership. At each locationCo-Chairman, the chairship will rotate between a representative one (1) from the UNIVERSITY Union and a representative one (1) from the UNION. The chair and secretary will not both be representatives from the same party. When a grievance cannot be resolved through the Grievance Procedure described above, the UNION may refer the same to Contractor members.
C. A member of the Joint Conference Board for determination. Such referral shall be may resign by giving fifteen (15) days notice in writing on the agreed-upon form and shall be addressed and sent to the designated official at the CAMPUS Chairman or LABORATORY as appropriate. The referral shall state the UNION's understanding Co-Chairman of the issue. Not later than five (5) calendar days after receipt of service, the UNIVERSITY may, but need not, inform the UNION in writing of its own understanding of the dispute or disagreement. Upon referral of the matter, the UNIVERSITY shall schedule a meeting Board.
D. Any member of the Joint Conference Board. The Board shall take jurisdiction and proceed to a determination who is an Employer representative may be removed at any time at the discretion of the dispute California Plastering Conference of WWCCA by an instrument in writing delivered to the Chairman or disagreement. If Co-Chairman of the Board and to the member and signed by the Secretary of the California Plastering Conference of the Western Wall & Ceiling Contractors Association, Inc.
E. Any member of the Joint Conference BoardBoard who has been appointed as a Union representative may be removed from the Board any time at the discretion of the Local Union by an instrument in writing, after meetingsigned by the Executive Officer of the Union, cannot bearing the seal of the Union, and delivered to the Chairman or does not unanimously agree on Co-Chairman of the Board and to the member being removed.
F. In the event an Employer representative shall duly resign or be removed, a decision on any such matter within fifteen (15) calendar days after successor shall be appointed forthwith by an instrument in writing signed by the hearing is closedSecretary of the California Plastering Conference of the Western Wall & Ceiling Contractors Association, it Inc. In the event a Union Representative shall lose jurisdiction thereof. The UNIONduly resign or be removed, within fifteen (15) calendar daysa successor shall be appointed or elected forthwith by an instrument in writing, may then refer signed by the matter to binding arbitrationExecutive Officer of the Union, bearing the seal of the Union.
Appears in 3 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
JOINT CONFERENCE BOARD. The A. Except as provided for in Article X, it is hereby agreed between the parties to this Agreement that this Agreement provides for the Agreement orderly and amicable adjustment and settlement of all disputes, differences and grievances. In order to carry into effect, the terms of this Agreement, the parties hereto, hereby establish a Joint Conference Board of four (4) members. Two (2) members shall be appointed by the UNION, and two (2) members by the CAMPUS or LABORATORY. Neither the UNIVERSITY nor the UNION shall appoint members to adopt the Joint Conference Board who have been actively involved for the purpose of arbitrating and settling disputes, differences and grievances as a counselor, representative or observer in the grievance referred to be considered it by the Boardterms of this Agreement. The Joint Conference Board shall agree upon and determine the time and place of meetings, the rules of procedure, and all other details necessary to promote and carry on business for which it is appointed. not hear disputes involving a non-signatory contractor.
B. The Board shall be composed of seven (7) members to be appointed or elected by the Local Union signatory hereto and seven (7) alternate members to be appointed or elected by the Local Union and seven (7) members appointed or elected by the California Plastering Conference of the Western Wall & Ceiling Contractors Association, Inc. And seven (7) Alternates appointed by the California Plastering Conference of the Western Wall & Ceiling Contractors Association, Inc. The alternate members appointed by the Union shall act only in the absence of a Union member, and the alternate members elected by the Contractors shall act only in the absence of a Contractor member. The persons thus appointed shall, from among themselves, elect a chair Chairman and a secretary from its membership. At each locationCo- Chairman, the chairship will rotate between a representative one (1) from the UNIVERSITY Union and a representative one (1) from the UNION. The chair and secretary will not both be representatives from the same party. When a grievance cannot be resolved through the Grievance Procedure described above, the UNION may refer the same to Contractor members.
C. A member of the Joint Conference Board for determination. Such referral shall be in writing on the agreed-upon form and shall be addressed and sent to the designated official at the CAMPUS or LABORATORY as appropriate. The referral shall state the UNION's understanding of the issue. Not later than five (5) calendar days after receipt of service, the UNIVERSITY may, but need not, inform the UNION in writing of its own understanding of the dispute or disagreement. Upon referral of the matter, the UNIVERSITY shall schedule a meeting of the Joint Conference Board. The Board shall take jurisdiction and proceed to a determination of the dispute or disagreement. If the Joint Conference Board, after meeting, cannot or does not unanimously agree on a decision on any such matter within may resign by giving fifteen (15) calendar days after notice in writing to the hearing is closed, it shall lose jurisdiction thereof. The UNION, within fifteen (15) calendar days, may then refer Chairman or Co-Chairman of the matter to binding arbitrationBoard.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
JOINT CONFERENCE BOARD. The parties to the Agreement hereby establish Section 1. Immediately upon execution of this Agreement, a Joint Conference Board and Local Joint Conference Committees shall be established as follows:
(a) The Joint Conference Board shall consist of six (6) members, three of whom shall be appointed by the DC #36 and three by MCC.
(b) A Local Joint Conference Committee shall be established within the territorial jurisdiction of each L/U, and shall consist of four (4) members. Two (2) members , two of whom shall be appointed by the UNION, each L/U and two (2) members by the CAMPUS or LABORATORY. Neither Mechanical Contractors Council of Central California.
(c) A majority of the UNIVERSITY nor members from each side, both MCC and DC #36, shall constitute a quorum for the UNION shall appoint members to transaction of the business of the Joint Conference Board or Local Joint Conference Committee. A quorum being present, majority vote of the members present, the lesser number of MCC or DC #36 members present governing the number of members from the other side who have been actively involved as a counselor, representative or observer shall participate in the vote, shall decide all matters.
Section 2. The DC #36 shall notify the MCC and the MCC shall notify the DC #36 immediately of the names of the members of the Joint Conference Board and the Local Joint Conference Committees prior to the grievance hearing. The members of the Joint Conference Board and of the Local Joint Conference Committees shall meet at the earliest possible time and each shall select from among their respective members, a Chairman and Secretary. When the Chairman is an MCC member, the Secretary shall be a DC #36 or L/U member, as the case may be, and vice versa; no member of the Joint Conference Board shall participate in any decision upon any dispute to be considered by which he is a party; the Boardmembers of the Joint Conference Board and of each Local Joint Conference Committee shall also determine upon all other details necessary to perform their duties and functions as hereinafter set forth.
Section 3. The Joint Conference Board and the Local Joint Conference Committees shall agree be empowered to:
(a) Establish the general recognition and enforcement of the terms and conditions of this Agreement.
(b) Hear and adjust disputes upon and determine the time and place complaint of meetingsthe DC #36, L/U, the rules MCC, or I/E involving the interpretation or the enforcement of procedurethis Agreement, except disputes arising under Section 5 of Article I, Section 4 of Article VII, and all other details necessary of Articles V, IX, XI, XII, XVII, XVIII, XIX, XX, XXI, and XXII.
(c) To promote the mutual interest of the parties to promote this Agreement.
(d) To hear and carry on business for determine employee grievances arising under Article VII, Section 13 of this Agreement.
(e) Provided, however, that any claim arising from the failure of any party to this contract to perform as required by said contract, shall be waived unless said claim is brought to the attention of the non-performing party within ten (10) working days after the occurrence, upon which it said claim is appointedbased, is discovered, or should have been discovered, in the opinion of the Local Joint Conference Committee or the Joint Conference Board hearing the grievance.
Section 4. The Board It is the intention of the parties, however, that disputes shall elect be settled, if possible, at the local level. Whenever a chair and a secretary from its membership. At each locationdispute arises, the chairship will rotate between a representative from authorized representatives of the UNIVERSITY L/U and a representative from the UNIONI/E (or his authorized representative) shall attempt to settle the same. The chair and secretary will If the dispute is not both be representatives from settled within three (3) days, the L/U or the I/E, as the case may be, may submit the same partyto the Local Joint Conference Committee within ten (10) working days by notifying the Secretary thereof, who shall immediately notify the Committee to convene for the purpose of hearing same.
Section 5. When a grievance canIf the dispute is not be resolved through settled by the Grievance Procedure described aboveLocal Joint Conference Committee within ten (10) working days after notice to the Secretary to convene the Committee thereon, the UNION L/U or the I/E may refer the same to the Joint Conference Board by notifying the Secretary who shall immediately notify the members of the Board to convene for determination. Such referral shall be in writing on the agreed-upon form purpose of hearing the same and shall be addressed and sent to convene not later than ninety (90) days thereafter. If the designated official at the CAMPUS or LABORATORY as appropriate. The referral shall state the UNION's understanding members of the issue. Not later than Joint Conference Board cannot agree within five (5) calendar days after receipt convening on any matter so referred to it, they shall select an impartial third person having no connection with any party to this Agreement, to act as an impartial member and to participate in the decision, which shall be final and binding upon the parties to the dispute. The expense of serviceemploying said impartial third person shall be borne by the MCC and the DC #36 equally.
Section 6. The Joint Conference Board shall have the power in addition to those hereinbefore enumerated, in the UNIVERSITY mayinterest of uniformity of interpretation of this Agreement, but need notto call up before it any matter determined by a Local Joint Conference Committee and to affirm, inform modify or reverse the UNION in writing of its own understanding of the same, or to hear and determine originally any dispute or disagreementother matter referred to it by District Council No. Upon referral of the matter, the UNIVERSITY shall schedule a meeting of the Joint Conference Board. The Board shall take jurisdiction and proceed to a determination of the dispute or disagreement. If the Joint Conference Board, after meeting, cannot or does not unanimously agree on a decision on any such matter within fifteen (15) calendar days after the hearing is closed, it shall lose jurisdiction thereof. The UNION, within fifteen (15) calendar days, may then refer the matter to binding arbitration.36
Appears in 1 contract
Samples: Master Labor Agreement